The concept and types of paradigms in labor law

It is noted that for the scientific analysis of labor law reality it seems necessary to use, along with other methods of cognition, the modeling method. It is indicated that the modeling method is closely related to the category of paradigm. It is noted that the paradigm of labor law can be understood as a scientific model of legal cognition of social and labor relations and labor law norms. It is argued that the use of the modeling method allows us to formulate the existing patterns and features of the development of the content of norms and the architectonics of modern labor law in Russia. The opinion is reflected that failure to take into account the objective features of the development of social, including industrial, relations in the content of legal norms contributes to legal nihilism on the part of the same employers, and also entails various violations by employers in relation to the labor rights and interests of employees. An example of an outdated legal structure for determining the labor function of an employee is given. It is indicated that the content of the paradigm of labor law is closely related to its ideology. It is argued that the influence of ideology on the paradigm of labor law has undergone serious changes depending on the characteristics of the political regime that operated at a certain historical stage of the development of the Russian state. It is concluded that in modern Russian practice of applying labor law norms, the paradigm of administrativeism has not lost its significance. Thus, in many organizations, the optimal system of local regulatory legal acts either does not exist at all, or collective bargaining regulation is only formal. It is noted that the legislator, guided by purely opportunistic, subjective interests of employers, owners of the means of production, significantly limited the rights of employees and their representatives, primarily trade unions, in managing the organization and protecting the labor rights of workers. The conclusion is substantiated that the study of the technological paradigm of labor law will reveal not only subjective, but also objective grounds for improving labor legislation.